Town wants to buy out developer

Eileen FitzGerald

Updated 9:37 pm, Tuesday, May 20, 2014

BETHEL -- Town officials are negotiating with a Danbury developer to end his effort to build affordable housing on what they say is environmentally sensitive land.

Town Planner Steven Palmer has proposed a deal with Ellis Tarlton, whose company has applied to build a 70-unit apartment project on 14 acres at Hickok and Maple avenues. The Planning and Zoning Commission endorsed his effort May 13.

Tarlton is a principal of MH Development LLC of Danbury. Its project was proposed under the state's affordable housing law, which overrides local zoning regulations to allow higher density for lower-priced stock.

The commission spent 30 minutes discussing the negotiations behind closed doors before voting unanimously in public to pay $7,500 from its open space fund to MH Development if the company agrees to several terms.

These include withdrawing the site plan and application, promising not to resubmit any land-use application for the property before Oct. 1, 2014, negotiating in good faith for the sale to the town of all or part of the land for open space, and, if a deal is struck, to credit the town with the $7,500 already paid. If no agreement is reached, the money would not be refundable.

First Selectman Matt Knickerbocker said he and Palmer have been talking with the developer about a deal. It's an environmentally sensitive area, Knickerbocker said. The project would be disruptive to the neighborhood and create traffic problems, he added.

"We are going to negotiate a mutually acceptable price and then it would be up to the voters if they want to approve it," Knickerbocker said. "We have a strong motivation to seek a solution to preserve that neighborhood."

Mapleview Village at Bethel, as the project was to be called, would have five four-story buildings with 1-, 2- and 3-bedroom apartments. The buildings would be grouped on four acres with the remainder left as open space.

The Planning and Zoning Commission accepted the application at its meeting March 25.

The proposal called for the hill on the lot to be leveled, which would require some blasting.

Connecticut's Affordable Housing law was adopted in 1989. For a project to qualify, it must dedicate 30 percent of all units be available for rent or purchase for people who meet the income criteria of the law. The project can then bypass local land-use regulations and local land-use commissions bear the burden of proof in denying them approval to continue.